Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project

As the Second World War was drawing to a close in 1944, two great works of political economy were published. One of them was Friedrich August von Hayek’s The Road to Serfdom,1 inspiring the defenders of free market movements ever since and up to the present. The other was Karl Polanyi’s The Great Tr...

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Main Author: Christian Joerges
Format: Article
Language:English
Published: Cambridge University Press 2022-12-01
Series:European Law Open
Subjects:
Online Access:https://www.cambridge.org/core/product/identifier/S2752613522000558/type/journal_article
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author Christian Joerges
author_facet Christian Joerges
author_sort Christian Joerges
collection DOAJ
description As the Second World War was drawing to a close in 1944, two great works of political economy were published. One of them was Friedrich August von Hayek’s The Road to Serfdom,1 inspiring the defenders of free market movements ever since and up to the present. The other was Karl Polanyi’s The Great Transformation.2 This essay will focus on Polanyi but also pay tribute to Hayek. Contrasting the two helps to understand both of them better. Of the two, Hayek, the Nobel prize winner, is of course more widely known and by far more influential. But Polanyi’s work, too, has achieved and has been attracting as of recently such attention that one of the Directors of the Max Planck Institute for the Study of Societies in Cologne proclaimed that ‘we are all Polanyian now’,3 not only in economic sociology, but also in related disciplines, including, of course, political economy and political theory. A plethora of aspects of The Great Transformation are very widely discussed. This essay will be concerned with the not-so-well explored importance of Polanyi’s work for European Law and legal scholarship in general, including his theorems on the ‘embedded economy’, his conceptualisation of labour as a ‘fictitious commodity’ as well as the notion of counter-movements. It will then juxtapose Polanyi’s expectation of a new international order with the development of the European integration project and sketch out the contours of the democracy-enhancing conflicts law and its affinities with Polanyian core normative principles.
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spelling doaj.art-74e85a005eb1443785e5391de117b4292023-04-14T09:41:53ZengCambridge University PressEuropean Law Open2752-61352022-12-0111067107910.1017/elo.2022.55Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration projectChristian Joerges0Hertie School of Governance, Berlin, Germany Centre for European Law and Policy, Bremen University, Bremen, GermanyAs the Second World War was drawing to a close in 1944, two great works of political economy were published. One of them was Friedrich August von Hayek’s The Road to Serfdom,1 inspiring the defenders of free market movements ever since and up to the present. The other was Karl Polanyi’s The Great Transformation.2 This essay will focus on Polanyi but also pay tribute to Hayek. Contrasting the two helps to understand both of them better. Of the two, Hayek, the Nobel prize winner, is of course more widely known and by far more influential. But Polanyi’s work, too, has achieved and has been attracting as of recently such attention that one of the Directors of the Max Planck Institute for the Study of Societies in Cologne proclaimed that ‘we are all Polanyian now’,3 not only in economic sociology, but also in related disciplines, including, of course, political economy and political theory. A plethora of aspects of The Great Transformation are very widely discussed. This essay will be concerned with the not-so-well explored importance of Polanyi’s work for European Law and legal scholarship in general, including his theorems on the ‘embedded economy’, his conceptualisation of labour as a ‘fictitious commodity’ as well as the notion of counter-movements. It will then juxtapose Polanyi’s expectation of a new international order with the development of the European integration project and sketch out the contours of the democracy-enhancing conflicts law and its affinities with Polanyian core normative principles.https://www.cambridge.org/core/product/identifier/S2752613522000558/type/journal_articleembeddednessmarket utopiafictitious commoditiescounter-movementspost-war regionalismdemocracy-enhancing conflicts law
spellingShingle Christian Joerges
Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
European Law Open
embeddedness
market utopia
fictitious commodities
counter-movements
post-war regionalism
democracy-enhancing conflicts law
title Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
title_full Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
title_fullStr Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
title_full_unstemmed Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
title_short Why European legal scholarship should become aware of Karl Polanyi: The Great Transformation and the integration project
title_sort why european legal scholarship should become aware of karl polanyi the great transformation and the integration project
topic embeddedness
market utopia
fictitious commodities
counter-movements
post-war regionalism
democracy-enhancing conflicts law
url https://www.cambridge.org/core/product/identifier/S2752613522000558/type/journal_article
work_keys_str_mv AT christianjoerges whyeuropeanlegalscholarshipshouldbecomeawareofkarlpolanyithegreattransformationandtheintegrationproject